Farooque Ahmad @ Chunnu v. State Of Bihar and Anr.

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.721 of 2014

====================================================== 1. Farooque Ahmad @ Chunnu Son of Late Syed Wajih Ahmad resident of village- Pinjora, Police Station- Kako, District- Jharkhand .... .... Petitioner/s Versus 1. The State of Bihar 2. Sofia Anwar daughter of Kaliur Ahmed Anwar resident of villagesheikhpura, P.S.- Kako, District- Jehanabad .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Faiz Ahmad, Advocate. For the Respondent/s : Mr. Anil Kumar (App) For the O.P. No. 2 : Mr. Syed Asgher Najmit, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER

3 09-11-2016 1. Heard learned counsel for the parties.

1. The petitioner was put on trial on the charge of commission of offences under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. On the basis of appreciation of evidence adduced at the said contested trial, learned Sub Divisional Judicial Magistrate, Jehanabad, recorded petitioner’s conviction of offences punishable under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, and sentenced him to undergo rigorous imprisonment for a period of two years for the offences punishable under Section 498A of the Indian Penal Code and for a period of five months for the offences punishable under Section 3 of the Dowry Prohibition

Patna High Court CR. REV. No.721 of 2014 (3) dt.09-11-2016

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Act. A fine of Rs. 6,000/- (Rs. Six Thousand) was also imposed upon him by learned Trial Court. Sentences were directed to run concurrently. The petitioner’s appeal preferred against the judgment and order of conviction and sentence, dated 16.08.2010, passed by learned Sub Divisional Judicial Magistrate, Jehanabad in the said Sessions Trial No. 304 of 2010, met its fate, with the passing of judgment and order, dated 21.06.2014 in Criminal Appeal No. 25 of 2010/21 of 2014, by Learned Additional Sessions Judge –III, Jehanabad whereby he upheld the conviction and sentence recorded by the Trial Court in relation to commission of offence under Section 498A of the Indian Penal Code. The appellate court, however, upset the conviction of the petitioner of offence punishable under Section 3/4 of the Dowry Prohibition Act and, accordingly, modified the conviction recorded by learned Trial Court to that extent.